President Donald Trump on Sunday blasted the Senate’s ‘blue slip’ tradition, calling it an unconstitutional affront to his appointment power and alleging that his rights have ‘been completely taken away from me in States that have just one Democrat United States Senator.’
The president is referring to his ability to nominate judges and U.S. Attorneys, accusing the custom of essentially giving Democrats veto power over his nominees.
U.S. Sen. Chuck Grassley is defending the century-old process, saying he views it as a norm worth preserving for balance and state input.
Blue slips are a long-standing tradition but are not a codified law, and constitutionally he is only allowed the power to nominate while the Senate ultimately approves or rejects that nomination.
Trump’s frustration with the Senate’s blue slip practice isn’t new. In July, Trump called the tradition a ‘hoax’ and a ‘scam’ used by Democrats to block his nominees and demanded that Grassley stop supporting them.
‘Put simply, the president of the United States will never be permitted to appoint the person of his choice because of an ancient, and probably unconstitutional, ‘CUSTOM,’’ his post said.
In his first term, Trump was able to appoint 234 federal judges, including three Supreme Court justices and 54 appellate court judges. However, this term he has only confirmed five in the first seven months.
Trump went on in his post to suggest he was willing to apply pressure and that Grassley shouldn’t acquiesce.
‘The only candidates that I can get confirmed for these most important positions are, believe it or not, Democrats! Chuck Grassley should allow strong Republican candidates to ascend to these very vital and powerful roles, and tell the Democrats, as they often tell us, to go to HELL!’ he wrote.
Trump’s comments come after U.S. District Judge Matthew Brann recently ruled that Alina Habba had been unlawfully serving as acting U.S. attorney for New Jersey beyond the 120-day limit allowed for temporary prosecutors and that the administration had been using an unusual maneuver to keep her in the role.
Trump’s pressure campaign could shape how many judicial vacancies he can realistically fill in the months ahead.